Legal Opinion

Royce v. . Watrous

New York Court of Appeals

Decided March 26, 1878PublishedCited by 10 opinions

This action was brought to recover damages for alleged breach of a contract for the sale and delivery of a quantity of lumber. ' Plaintiff’s evidence was to the effect that he made a selection and agreed with defendants upon the price of the lumber ; that defendants agreed to accept in payment therefor the notes of a third person, which were delivered to them, and they agreed to deliver the lumber at a place specified, but failed so to do.

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This action was brought to recover damages for alleged breach of a contract for the sale and delivery of a quantity of lumber. ' Plaintiff’s evidence was to the effect that he made a selection and agreed with defendants upon the price of the lumber ; that defendants agreed to accept in payment therefor the notes of a third person, which were delivered to them, and they agreed to deliver the lumber at a place specified, but failed so to do. Defendants alleged and their evidence tended to show that plaintiff and one Van Horn had entered into a conspiracy for the purpose of procuring the lumber,…

1Per curiam

opinion for affirmance of order granting a new trial, and for judgment absolute against plaintiff.

All concur.

Ordered accordingly.

2Cited by10 opinions

  1. Barnett v. KempSupreme Court of Missouri · 1914
  2. De Mill v. MoffatMichigan Supreme Court · 1882
  3. Boyden v. . ClarkeSupreme Court of North Carolina · 1891
  4. Bridger v. GoldsmithNew York Court of Common Pleas · 1893
  5. Third Nat. Bank v. GuentherSuperior Court of Buffalo · 1888

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